if resource uses abusive language to HR. What action we can take and is there anything we can put penalty. If yes please suggest urgently. in which code of conduct this misbehave will cover?
From India, Hoshiarpur
Dear Saara Kaushal,

Whether HR or otherwise, nobody should be given abusive treatment. All the team members must be treated with fairness. Respect at the workplace must be valued.

Nevertheless, if some employee strays, and uses abusive language, then issue immediately a stern warning letter. If the employee remains incorrigible, then issue the show cause notice. If the reply is not satisfactory, then you may impose a penalty.

However, while issuing a warning letter or a show-cause notice, make sure that you have valid proof of the misconduct.

Finally, abusive treatment at the workplace is a result of the lack of a culture of business etiquette. You may approach your management for:

a) Creating a manual of code of conduct and
b) Organising a training programme on workplace etiquette

A culture of etiquette is a motivating factor. The top leadership must strive to foster a culture of respect.

Thanks,

Dinesh Divekar

From India, Bangalore
Thank You for the above support. But this employee has laid off on 8th June 2021. During existing formalities, he started abusing overcall that was not recorded. In this scenario can we take action against him or we can still in power to release the warning Letter.
From India, Hoshiarpur
Dear Saara,

If the employee was removed from his job, then possibly he might have made you the butt of his frustration. If you have studied the subject of Organisation Behaviour, then you might have read the Chapter on Defence Mechanism. The defence mechanism displayed by the employee was displacement.

Occasionally, we become the recipient of someone's anger because of no fault of ours. Nevertheless, we need to take these incidents into our stride and move on. After the cessation of the employer-employee relationship, we cannot initiate disciplinary action unless it is grave misconduct.

The termination from employment is a delicate issue. It has to be handled with due sensitivity. Much depends on how the termination was handled. Anyway, take it as a lesson and move on.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear madam,

In employer- employee relationship, the terms like laid off, retrenched, discharged or dismissed have distinct legal connotations. It is not clear what you mean by ' laid off'. Perhaps , the alleged misbehaviour on the part of the person has taken place after he has legally ceased to be your employee.

In that case , you cannot take any punitive action as he allegedly used abusive language after his employment had come to an end and there was no employer - employee relationship subsisting at the material time

What is in your hand is perhaps you may reveal these facts at the time of background verification- BVG or if it is possible, delay his settlement and issue of service certificate.

Or let go of it, forgive and forget and move forward.

Regards,

Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Dear Saara,

A learned senior member has written, "What is in your hand is perhaps you may reveal these facts at the time of background verification - BVG or if it is possible, delay his settlement and issue of service certificate."

The senior member recommends taking revenge. However, I strongly oppose that. We should never waste our time being vindictive. Vindictiveness takes us nowhere. Who knows, we might pay a price for being revengeful. If you read the biographies of famous leaders like Jyotiba Phule, Dr Babaseb Ambedkar, Nelson Mandela etc., you will find that though they faced the worst discrimination, they never spent their time on settling the score.

Those who provide services bear the brunt of the roughshod treatment from the customers or those who avail of their services. The counter clerks working at the airport or cabin crew, hospital staff etc., are the recipient of the abrasive behaviour by their customers. Sometimes you might have witnessed people fighting with the traffic police too. HR professionals are no different. They too bear the brunt of the irascibility of the staff working at various departments.

Therefore, once again, I reiterate my suggestion to ignore the incident and move on. There are better things to do in life, and the time spent doing positive activities gives a positive result.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear madam,

I stand by my views expressed on this post despite contrary view expressed.

I did not give my first option as the only action that can be taken let alone recommend it. I had also suggested second option which is no different from his.

The learned member has conveniently overlooked my second option. Anyway he is free to express what he thinks right.

Regards,

Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai

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